Malawi’s High Court has set out its reasons for overturning an order seeking the extradition of controversial preacher Shepherd Bushiri and his wife, Mary, to South Africa, where they face fraud, money laundering and theft charges.
In a 175-page judgment, the court detailed the legal and procedural shortcomings it found in the extradition process, including that the couple had been denied an opportunity to be heard before the order was issued in March 2025.
The ruling deals a setback to South African authorities’ efforts to bring the couple back to face trial under the extradition order, which has now been set aside.
Bushiri’s lawyer, Wapona Kita, said the judgment provided the court’s full reasons for its decision after considering the couple’s submissions and grounds for review.
“The court has provided the detailed reasons after considering our submissions and grounds for review,” Kita said.
He said the ruling meant the couple could not be extradited under the order that had been quashed, adding that the State’s next option was to appeal.
“The only way forward now is through an appeal by the State,” he said.
Bushiri also welcomed the decision, saying the court had addressed concerns raised by the couple about the evidence presented in support of their extradition.
In a statement, he said they had challenged what they described as a lack of evidence, the use of anonymous witnesses and material they argued amounted to hearsay.
The couple also raised allegations of police misconduct, claiming that some officers had opened fictitious cases to extort money from them. Bushiri cited what he described as xenophobic attacks in South Africa, demonstrations at his church calling for their departure and the petrol-bombing of church tents.
He further questioned the accountability of police officials who had been involved in their arrest, saying some had reportedly since been arrested or dismissed over unrelated corruption allegations.
“We thank God for answering our prayers and thank everyone who stood with us throughout this journey,” Bushiri said. “We have trusted God through it all, and today we give Him the glory. There is a God in heaven!”
The latest ruling is a new development in a legal battle that began in South Africa, where the couple ran the Enlightened Christian Gathering Church in Pretoria.
Bushiri and Mary left South Africa for Malawi in November 2020 while out on bail, in breach of conditions imposed by the Pretoria Magistrate’s Court. Their departure prompted efforts to secure their return to face the charges against them.
The couple had been arrested in October 2020 over allegations involving fraud, money laundering and theft valued at more than R102 million.
They were each granted R200,000 bail despite the magistrate’s court initially regarding them as flight risks. Their bail conditions included surrendering their passports and reporting to the nearest police station twice a week, on Mondays and Fridays.
After returning to Malawi, Bushiri said the couple would only go back to South Africa if their safety could be guaranteed and the investigating officers in their case were removed.
The High Court’s decision to set aside the extradition order means the couple cannot be sent back under that order. Any further challenge would depend on the State pursuing an appeal.